Jagdish Patel v Ravindran Naderasa

[2015] HCASL 224

SURENDER KUMAR

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2015] HCASL 225
S166/2015

1. The applicant applied for a Medical Treatment (Visitor) (Class UB) visa. On 22 October 2014, a delegate of the first respondent refused the application. The applicant applied to the Migration Review Tribunal ("the Tribunal") for a review of the delegate's decision. On 27 February 2015, the Tribunal found it had no jurisdiction to review the delegate's decision because the applicant had failed to pay the prescribed application fee as required by the Migration Regulations 1994 (Cth).

2. On 30 April 2015, the Federal Circuit Court of Australia (Street J) summarily dismissed the applicant's application for a constitutional writ under s 476 of the Migration Act 1958 (Cth) in respect of the Tribunal's decision. Street J held that the Tribunal's conclusion was correct and that the applicant's application failed to disclose any arguable jurisdictional error.

3. On 3 August 2015, the Federal Court of Australia (Wigney J) granted leave to appeal from the summary dismissal by Street J but dismissed the appeal.  Wigney J held that the applicant's grounds of appeal did not raise any arguable case of error on the part of Street J.  Wigney J also considered whether the applicant had been denied procedural fairness in the Federal Circuit Court, and held that in all the circumstances it could not be concluded that he had.

4. The applicant now seeks special leave to appeal to this Court.  The applicant's draft notice of appeal and written case do not identify any legal error in the decision of Wigney J.  The complaints directed at the decision of the Tribunal were considered and dismissed by the Courts below, and there is no reason to doubt the correctness of those decisions.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
10 December 2015 P.A. Keane